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Home My WebLink About386 Water Shortage Ordinance I1 . °:161 b\ 1` ORDINANCE NO. 386 - AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, . . PROVIDING FOR LOCAL ENFORCEMENT OF WATER SHORTAGE ORDERS OF THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR DEFINITIONS ; PROVIDING FOR APPLICATION OF ORDINANCE ; PROVIDING FOR ENFORCEMENT AND PENALTIES ; PROVIDING FOR SEVERABILITY ; PROVIDING FOR INCLUSION IN THE CODE ; PROVIDING FOR AN EFFECTIVE DATE . WHEREAS, from time to time a water shortage may arise affecting the City of Zephyrhills , and WHEREAS, during such water shortage condition the amount of surface and ground water supplies may become perilously low and insufficient to meet current or anticiapted demands ; and WHEREAS , upon the existence of such conditions , it becomes imperative to the public well being that certain uses of water be restricted or curtailed , and that available water resources be allocated ; and WHEREAS, the Southest Florida Water Management District has' primary responsibility under Chapter 373, Florida Statutes , for regulating water use and allocating available water supplies during periods of water shortage ; and WHEREAS , a water shortage ( emergency) has been declared by the Southwest Florida Water Management District ; and WHEREAS, the Southwest Florida Water Management District has adopted a "Water Shortage Plan" for the purpose of allocating and conserving the water resource during the present water shortage ( emergency) and future periods of water shortage, and maintaining a uniform approach towards water use restrictions during such periods ; and WH-EREAS, the Southwest Florida Water Management District has requested the assistance of The City of Zephyrhills in the enforcement of the provisions of the "Water Shortage Plan " ; and WHEREAS, it is the desire of the City Council to provide the Southwest Florida Water Management District with all e( rf t�, e�t,f •i, a_'ate-.::'•_� O. R, 1415 PG 0534 possible assistance in the enforcement of the provisions of; the "Water Shortage Plan" during the present water shortage (emergency) and any possible water shortage or water shortage emergency that may occur in the future ; and WHEREAS, Section 373 . 609 , Florida Statutes , provides that it shall be the duty of county governmental and law enforcement officials to assist the Southwest Florida Water Management District in the enforcement of Chapter 373 , Florida Statutes , and any orders adopted thereunder , upon • request by the Southwest Florida Water Management District . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA; Section 1 . DEFINITIONS . 1 .01 For the purpose of this Ordinance , the following terms , phrases , words and their derivations shall have the meaning given herein . When not inconsistent with the context , words used in the present tense include the future , words in the plural include the singular , and words in the singular include the plural . The word "shall " is always mandatory and not merely directory. ( a) "District" is the Southwest Florida Water Management District . ( b) "Person" is any person , firm, partnership, association , corporation , company or organization of any kind . ( c ) "Water resource" means any and all water on or beneath the surface of the ground , including natural or artificial watercourses , lakes , ponds or diffused surface water , and water percolating , standing or flowing beneath the surface of the ground . ( d ) "Water shortage condition" is when sufficient water is not available to meet present or anticipated needs of persons using the water resource , or when conditions are such I 0.R. 1415 PG 0535 • as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought . ( e) "Water Shortage Plan" means Chapter 40D-21 , 511:1 fl ' F1 &r lda ainist live Code, the codification of the Water Shortage Plan adopted and published by the Southwest Florida Water Management' 'District July, 1`983 . Section 2 . ' APPLICATION OF ORDINANCE . 2 . 01 The provisions of this ordinance shall apply to all persons using the water resource, whether from public or privately owned water utility systems , private wells , or private connections with surface water bodies . This ordinance shall not apply to persons using treated effluent or saltwater . Section 3 . DECLARATION OF WATER SHORTAGE : WATER SHORTAGE EMERGENCY 3 . 01 The declaration of a water shortage or water shortage emergency within all or any part of the City by the " ' GoFverehi ng 'B'oar-'d. or`! the Executive Director of the District shall invoke t`h`ey provisions of this Ordinance . Upon such declaration all water use restrictions or other measures adopted by the District pursuant to Chapter 40D-21 , Florida Administrative Code, applicable to the City or any portion thereof, shall be subject to enforcement action pursuant to Section 4. 01 of this Ordinance. Any violation of the provisions of Chapter 40D-21 , Florida Administrative Code, or any order issued pursuant thereto , shall be a violation of this Ordinance . Section 4. ENFORCEMENT. 4 .01 Every police officer or sheriff of the County or 111 Cities in the service areas governed by this Ordinance shall , in 'caWec` ion with all other duties imposed by law, " `difl 'igently enf'orc'e the provisions of this Ordinance . In addition , the City Manager may also delegate enforcement 0.R* 1415 PG 0536 responsibility for this Ordinance to_ agencies and department's ofn,local, .go;vernme,pt in the service areas governed by this Ordinance, i'n. ac;co;rdance with state and local law. Sect io b�5 tPENAL,TI_E;S. ^ , ; 5 . 01 Violation of any provision of this Ordinance shall be_ subject to the following penalties : First violation . $25 . 00 Second and subsequent - violations Fine not to exceed $500. 00 and/or imprisonment in the County jail not to exceed 60 days . . Each day in violation of this Ordinance shal,:l:;:`constitute- . a separate offense . In the initial stages of. a...water shortage , law enforcement officials shall attempt to provide violators with one .written warning . Secti,on1 6,. „�1 ATER USERS TO ACCEPT ,PR.OVISIO,NS OF :' O,RbINANCE . • 6 . 01 No_,.yra-te.r.0 service shall be furnished to any person y 01Eby ,a �p1uybl,j,c vo�r; �pr,i v_atev u,t.i 1 i� �y. uinl es�s such, pers.on. .agrees to accept a1T—fhe provisions of this Ordinance . The acceptance of ;water service shall be in itself the acceptance of the . provisions thereof . Section 7 . ORDINANCES REPEALED. 7 .01 All ordinances or parts of ordinances in conflict herewith be and the same are repealed . Section 8. SEVERABILITY . 8.01 If any section , sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by .. any_ ..• Court of competent jurisdiction , then said holding shall in no way affect the validity o.f th;e r-em_ailp-i_ng p:o titins- of this, Ordinance . Section 9 . INCLUSION IN CODE . 9 .01 It is the intention of the City Council that the provisions of this Ordinance shall become and be made a part of the City _Code ; and that the sections of this Ordinance may OA, 1415 PG. 0537 • k- be renumbered or relettered and the word "ordinance" may be changed to "section , " " article , " or such other phrase in order to accomplish such intentions . This ordinance shall become effective immediately upon passage. III— IIThe above and foregoing Ordinance was read and passed on its first reading in open and regular meeting on this 22nd day of April 1985, Zephyrhills , Florida. Us* 7CrH`',,.. tIz,, : , ��Ca• ;''�\\,, .t.,,, I 'R fttt OF CITY .� 47,,,,c, UiV C I L \.-art ----6 --(1?!`w1Y .'- . , c9 / `` C Y MANAG R • 6 '•. _..5 �:Yw:x3 V I ' =-_ p ••••••••.• • ^'. The above and foregoing Ordinance was read and ',,, passed on its second ,reading in open and regular meeting on this 29th day of April A. D . , 1985 , • � ,?' ,4,,,' ..„.°" Z'ep . h.yrha1.1s , Florida. - 'r , '` `4 `», 1)/414 ENT OF KeA.,CONCTL ( '' __ ,, AT •T€ST: G-uCe Ci- _00•-'•...,. .UP/Tyf,Vnr , -ITY MANAGER • The above and foregoing Ordinance was read and passed on its third and final reading in open and regular meeting on this 13th day of , May , A. D . , 1985 , Zephyrhills , Florida. 5;li l/{1 .41440,,,I,,,,,,,.„, ZCp ^, Y \ .9 =_ / "�` S I D E N T OF 4 '4 i CIT C A' I—, E!`: % r _ .. — A-T t'S : -- o ___ --4;- T - cv �� ; ;;C:L. <Y M A N A R O�;p��Y '4\ e‘-‘1'. . The foregoing Ordinance No . 386 was 2AppoLd by me this 13th day of May , A. D . , 1985 . ' ! !-A/ M YO R FiEcoRl7 VERIIFIELI , et1 FiT!\•P, ' P.-;co Goufltg 'v 1Arx ,,rt,i pit (.,:Jl' • O. R. 1415 PG 0538